Please Help - Credit card debt

[vint1954]

If this was applied for online, then it does change things.

 

The agreement that they have sent you is totally inapropriate for an online application. They have sent you an agreement that is supposed to be physically signed.

 

You need to demand the screenshot where you and the creditor have ticked the boxes. this needs to include your details.

[bartsimpsy]

Hi Vint,

 

Many thanks for the response. I did apply for the card online and then PayPal got back to me requesting further information like proof of address and etc. When I faxed them all of that, it was then that the account was set up.

 

If this is the case, would I need to send Link Financial a similiar letter to the one above alebit requesting a screenshot as u have suggested? Do they have the right to use the excuse above and state that by me signing and using the card, I have confirmed liability of any debt due?

 

thanks again.

[bartsimpsy]

Hi guys..

 

I haven't had much happening since my last post re. my debt. I contacted Link Financial today and requested if they can offer me a settlement fee to clear my account but they refused to do so advising me to find the funds to pay by next Monday!!

 

I then contacted GE Capital and apparently on their system my account balance is nil as I am assuming they have written off the debt.

 

Can any of you kindly guide me as to what I need to do now? I am really worried, esp as I don't have 2985.11 to pay by Monday 30 Nov 09...

 

Thank you in advance.

[alen27]

advising me to find the funds to pay by next Monday!!

if the debt is enforceable then you can make a monthly payment whatever you can afford don't let them bully you into paying the full balance they might even ask you to take out a loan and pay them because they tried this on my friend

Edited November 27, 2009 by alen27

[cerberusalert]

Did you open this a/c online prior to Dec 2004?

[bartsimpsy]

I opened it online in 2008

[bartsimpsy]

I have logged into my credit card account online and I can see that they have mentioned the debt has been written off. Funnily enough it looks like they havent cancelled my account and I have available credit of 3000!!!

[cerberusalert]

As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement. Electronic signatures weren't considered valid until this date. Agreement made online after this date are seen as enforceable if the tick box is filled.

[bartsimpsy]

oh k...

 

Just out of curiosity, if the debt has been written off by GE Capital, would this still be enforceable by the DCA?

 

and, my sister has kindly offered to lend me 1500 to clear this debt. But the DCA is not willing to consider a settlement fee, so I was told when I requested over the phone. Do you think I would stand a better chance if I wrote to them suggesting a one off settlement fee?

 

Thanks again for your help. Seriously, really appreciate all the advice and help.

[vint1954]

oh k...

 

Just out of curiosity, if the debt has been written off by GE Capital, would this still be enforceable by the DCA?

 

and, my sister has kindly offered to lend me 1500 to clear this debt. But the DCA is not willing to consider a settlement fee, so I was told when I requested over the phone. Do you think I would stand a better chance if I wrote to them suggesting a one off settlement fee?

 

Thanks again for your help. Seriously, really appreciate all the advice and help.

It has probably been charged off as a bad debt by GE.

 

It would depend on whether the DCA had purchaced the debt or is just acting on behalf of GE. If the debt has been fully assigned to the DCA, then unfortunately you have to deal with them, as they now own it. If they are only collecting on behalf of GE, then you could still try and deal with them, but make doubly sure who owns the debt before parting with any money.